- (1.) In this appeal by special leave, the appellant, Post Graduate Institute of Medical Education and Research, Chandigarh (for short, 'PGI') has challenged the order dated September 29, 2000 passed by the National Consumer Disputes Redressal Commission (for short, "National Commission"). By its order, the National Commission dismissed the appeal filed by PGI under section 21 of the Consumer Protection Act, 1986 (for short, 'Act, 1986") and affirmed the order passed by the State Consumer Disputes Redressal Commission, Chandigarh (for short, 'State Commission") whereby it directed the PGI to pay compensation in the sum of rupees two lacs to the respondents 1 and 2 herein (for short, the complainants') and cost of Rs. 5,000/-.
(2.) The brief facts of the case are thus: On March 30, 1996, Smt. Harjit Kaur (wife of complainant No. 1 and mother of complainant No. 2) received accidental burns while making tea on the stove. She sustained 50% TBSA III burns involving both upper limbs, part of trunk and most of both lower limbs. Smt. Harjit Kaur was taken to Daya Nand Medical College and Hospital, Ludhiana immediately where she responded to the treatment well. She remained admitted in Daya Nand Medical College and Hospital upto April 19, 1996. Since the treatment at Daya Nand Medical College and Hospital was expensive, the complainant No. 1 decided to shift his wife to PGI for further treatment. On April 19, 1996, Smt. Harjit Kaur was admitted in PGI, Chandigarh. Dr. Varun Kulshrestha, Senior Resident Doctor, Department of Plastic Surgery attended to her. The condition of Smt. Harjit Kaur started improving at PGI. On May 15, 1995, she was transfused A+ blood which was her blood group. On May 20, 1996, the patient was transfused B+ blood group in the afternoon although her blood group was A+. On the night of May 20, 1996, the urine of the patient was reddish like blood and the attendant nurse was informed accordingly. As to the bad luck of Smt. Harjit Kaur, on the next day, i.e., May 21, 1996 again one bottle of B+ blood group was transfused although her blood group was A+. Because of transfusion of mismatched blood, the condition of Smt. Harjit Kaur became serious; her hemoglobin levels fell down to 5mg. and urea level went very high. Later on, it transpired that due to transfusion of mismatched blood, the kidney and liver of the patient got deranged. The complainant No. 1 made a written complaint to the Head of the Department of Plastic Surgery for mismatched transfusion of blood to the patient whereupon an inquiry was conducted through senior doctor and wrong transfusion of the blood to the patient was found. The condition of Smt. Harjit Kaur started deteriorating day by day and she ultimately died on July 1, 1996. In the complaint before the State Commission, the complainants alleged that the death of Smt. Harjit Kaur was caused due to the negligence of Dr. Varun Kulshrestha and the medical staff at PGI; that there was negligence in the discharge of service by the PGI and its doctors and they claimed damages to the tune of rupees nine lacs for the loss of life of Smt. Harjit Kaur.
(3.) Dr. Varun Kulshrestha filed reply to the complaint. He principally set up the plea that although the patient was transfused wrong blood but it was not due to any negligence on his part. He stated that due to the care exercised by him and the other nursing staff, the patient became alright and her hematological and biochemical parameters became almost normal and she recovered from mismatched blood transfusion. It was stated in his reply that Smt. Harjit Kaur died of septicemia and not by mismatched blood transfusion and, therefore, the complaint was liable to be dismissed.;